Farm Debt Mediation Regulations
Return to footnote aS.C. 1997, c. 21
Ottawa, March 13, 1998
Act means the Farm Debt Mediation Act. (Loi)
- business day
business day means a day that is not a Saturday or a holiday. (jour ouvrable)
- common-law partner
common-law partner means, in relation to a farmer or a creditor, a person who is cohabiting with a farmer or creditor in a conjugal relationship, having so cohabitated for a period of at least one year. (conjoint de fait)
Service means the Farm Debt Mediation Service of the Department of Agriculture and Agri-Food. (Service de médiation)
(2) For the purposes of section 20 and subsection 22(2) of the Act, a person is related to a farmer or a creditor if
(a) in the case of a farmer or a creditor who is an individual, the person is
(i) the spouse or common-law partner of the farmer or the creditor,
(ii) a child of the farmer or the creditor or of the farmer’s or the creditor’s spouse or common-law partner,
(iii) a brother, sister, mother, father, grandmother or grandfather of the farmer or the creditor or of the farmer’s or the creditor’s spouse or common-law partner,
(iv) an employee or employer of the farmer or the creditor at the time the original application for mediation was filed with the Service, or
(v) any other person who acquires property of the farmer from the farmer under terms and conditions that are more favourable than those that would apply to a similar transaction in an open market between parties who are at arm’s length; or
(b) in the case of a farmer or a creditor that is a corporation, cooperative, partnership or other association, the person
- SOR/2016-289, s. 1.
Appointment of Mediators
2 An administrator may appoint a person as mediator pursuant to paragraph 10(1)(a) of the Act if the person is knowledgeable about or has experience with the mediation of disputes.
Extension of Stay of Proceedings
3 An administrator who considers it essential to the formulation of an arrangement between a farmer and the farmer’s creditors may extend the period of a stay of proceedings referred to in paragraph 7(1)(b) or subsection 13(1) of the Act if
(a) the value of the farmer’s assets will not significantly diminish during the period of the extension;
(b) the majority of the farmer’s creditors will not be unduly prejudiced by the extension; and
(c) there is no indication of bad faith by the farmer.
Method of Notification
4 (1) An administrator shall, if required by the Act or these Regulations to notify or inform a farmer, a farmer’s creditor or the Minister of anything, notify or inform them in person or by means of telephone, priority post, courier service or, subject to subsection (3), facsimile or electronic mail.
(2) A farmer, a farmer’s creditor or the Minister is deemed to be notified or informed by an administrator
(a) on the day they are so notified or informed in person or personally by telephone by the administrator;
(b) on the next business day after the day on which the notice or information is sent by facsimile or electronic mail; or
(c) on the second business day after the day on which the notice or information is sent by priority post or a courier service to their residence or place of business.
(3) A farmer may be notified or informed by an administrator by means of facsimile or electronic mail only if they have indicated in writing to the administrator that they will accept information in this manner.
- SOR/2016-289, s. 2.
5 For the purpose of dealing with appeals pursuant to subsection 15(2) of the Act, an Appeal Board is constituted in respect of each of the following regions:
(a) the West, consisting of Manitoba, British Columbia, Saskatchewan, Alberta, Yukon, the Northwest Territories and Nunavut; and
(b) the East, consisting of Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.
(c) to (e) [Repealed, SOR/2016-289, s. 3]
- SOR/2016-289, s. 3.
(2) Each member of an Appeal Board shall provide services in accordance with the terms of an agreement referred to in subsection 15(1) of the Act.
(3) Each agreement referred to in subsection 15(1) of the Act shall provide that the member is entitled to, in accordance with any directives of the Treasury Board,
(4) A member shall not accept or hold any office or employment inconsistent with the member’s duties, including performing any of the duties of an expert, mediator or administrator under the Act.
(5) When it is necessary for the proper conduct of business, the Chairperson of the Appeal Board of one region may appoint a member of that Appeal Board, including himself or herself, to serve as a temporary member of the Appeal Board of the other region.
- SOR/2016-289, s. 4.
7 (1) The Chairperson of each Appeal Board shall preside at all meetings of the Appeal Board or a panel referred to in subsection 12(1) and has the supervision over, and direction of the work of, that Appeal Board including
(2) The Chairperson of each Appeal Board shall designate one of the other members as an interim Chairperson.
(3) In the event of the absence or incapacity of the Chairperson, the interim Chairperson may exercise all the powers, duties and functions of the Chairperson.
(4) In the event of the absence or incapacity of an interim Chairperson or if the interim Chairperson is unwilling to act as Chairperson, the remaining members of the Appeal Board shall by a majority vote elect a member to act as temporary Chairperson.
(5) A temporary Chairperson elected in accordance with subsection (4) may exercise all the powers, duties and functions of the Chairperson.
- SOR/2016-289, s. 5.
8 (1) A farmer or a farmer’s creditor may appeal a decision referred to in subsection 15(2) of the Act by filing, within the time prescribed by section 11, a Notice of Appeal in the form established by the Minister.
(2) The Notice of Appeal shall be filed with the same office of the Service where the original Application for Mediation was submitted.
(3) A Notice of Appeal or the statements referred to in paragraph 9(2)(b) and subsection 9(4) may be filed with the administrator in the form of an original document, a facsimile copy or an electronic version.
- SOR/2016-289, s. 6.
9 (1) On the filing of a Notice of Appeal, the administrator shall inform the farmer or the farmer’s creditors, as the case may be, and the Minister if the Minister is the guarantor of a debt of the farmer that is owed to one of the creditors, that an appeal has been filed.
(2) A farmer, a farmer’s creditor or the Minister may, within one business day after the day on which they are informed of an appeal that relates to a termination of a stay of proceedings under paragraph 14(2)(c) or (d) of the Act or within three business days after the day on which they are informed of any other appeal
(3) The administrator shall inform the farmer or farmer’s creditor who filed the Notice of Appeal that a statement referred to in paragraph (2)(b) has been filed by sending them a copy of the statement.
(4) The farmer or farmer’s creditor may, within one business day after the day on which they receive the copy of the statement referred to in paragraph (2)(b), file with the administrator a written statement in response.
- SOR/2016-289, s. 7.
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